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(영문) 창원지방법원 2020.09.03 2020고단2387
근로기준법위반등
Text

The prosecution of this case is dismissed.

Reasons

1. In the facts charged, the Defendant is a representative of the Changwon-si Batong Bel, who runs a lodging business using one full-time employee.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant is in charge of cleaning the telecom from July 20, 2012 to September 19, 2019.

On October 2016, the retired worker C did not pay the total amount of KRW 22,260,690 and retirement allowance of KRW 14,809,909 as well as KRW 37,070,59 as well as the total amount of KRW 14,870,59 as well as the total amount of KRW 417,540,000,000 within 14 days from the date on which the cause for payment occurred,

2. The judgment is the case that falls under Articles 109(1) and 36 of the Labor Standards Act, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits cannot be prosecuted against the victim's express intent under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits. According to the records, the victim can recognize the fact that the victim submitted the written agreement after instituting the prosecution of this case and expressed his wish not to punish the defendant. Thus, the prosecution of this case is dismissed in accordance with Article 327 subparag. 6 of the Criminal Procedure Act.

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